Law: Court Fees Act, 1870

Section: 7(iv)(c)

Law: Suits Valuation Act, 1887

Section: 9,10

(a) Court-fees Act (VII of 1870), S. 7 (iv) (c)-Suit for declara­tion that decrees were null and void and other consequential reliefs --Suit falls under section 7 (iv) (c). In the present case the substantive relief claimed by the plaintiff is to have it declared that the preliminary and the final mortgage decrees were null and void and not binding on him as they were obtained by fraud. All other reliefs asked for flow from this substantive relief. If the decrees are to be declared to be null and void as against the plaintiff the sale held in pursuance of such decrees will have to be declared to be ineffectual as against the plaintiff and the injunction restraining defen­dant No. 3 from obtaining possession of the house in dispute would be a consequential relief within the purview of section 7 (iv) (c) of the Court-fees Act. [Case-law discussed] (b) Suits Valuation Act (VII of 1887), S. 9-Rule 10 of the rules framed by the Lahore High Court-Two different values for Court-­fee and jurisdiction can be fixed. Suits for cancellation of decrees are suits, the value of which cannot be satisfactorily ascertained under section 9 of the Suits Valuation Act and therefore, different values can be fixed in respect of such a suit for purposes of Court-fee and Suits Valuation Act. Order of Reference Sir Abdul Rashid, C. J.----It is submitted by the learned counsel for the appellant that AIR 1945 Lab, 13 does not lay down the law correctly. The learned counsel has urged that rule 10 of the rules framed by the High Court under the Suits Valuation Act, on the 2nd of December 1942, lays down that any suit in which the plaintiffs ask for the cancellation of a decree for money or other property having a money value, shall be taken to be a suit of the type the value of the subject-­matter of which cannot be satisfactorily determined, and that therefore, under this rule it is open to the plaintiffs to fix different value for the purposes of Court-fees and jurisdiction. In this connection the learned counsel relies on the Full Bench decision of this Court in the case of The Crown v. Rala Ram (1945 P L R 436). The rules referred to above were not brought to the notice of the learned…

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